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Member No.: 18,483

From 06 April 2009 there are new advance information rules, replacing those formerly in The Magistrates' Courts (Advance Information) Rules 1985. These new rules form Part 21 of the Criminal Procedure Rules 2005 and apply to summary cases and either way offences.

Part 21

When this Part applies

21.1.—(1) This Part applies in a magistrates' court, where the offence is one that can be tried in a magistrates' court.

(2) The court may direct that, for a specified period, this Part will not apply—

(a) to any case in that court; or

(b) to any specified category of case.

[Note. An offence may be classified as—

(a) one that can be tried only in a magistrates' court (in other legislation, described as triable only summarily);

(b) one that can be tried either in a magistrates' court or in the Crown Court (in other legislation, described as triable either way); or

How does this differ from before? Was there a requirement to provide details of the prosecution case at all before this? I take it all of the evidence still must be made available 7 days before the trial?

Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.

AIUI just notifying via letter that intend to plead NG is enough to kick in disclosure (ignoring all the usual cps crap). I can see the CPS using this as yet aother tactic to subvert dislcosure (colour me cynical just this once )

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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.

Group: Members
Posts: 27,698
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483

QUOTE (bama @ Thu, 9 Apr 2009 - 19:23)

AIUI just notifying via letter that intend to plead NG is enough to kick in disclosure (ignoring all the usual cps crap). I can see the CPS using this as yet aother tactic to subvert dislcosure (colour me cynical just this once )

The disclosure provisions only come into play once a not guilty plea has been entered - an intention to plead as such is not sufficient (as it can be changed) but the CPS might decide to start disclosure then (but don't have to).

QUOTE (s. 1 The Criminal Procedure and Investigations Act 1996)

(1) This Part applies where—

(a) a person is charged with a summary offence in respect of which a court proceeds to summary trial and in respect of which he pleads not guilty,

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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.

does this change to the procedure rules means the JOINT OPERATIONAL INSTRUCTIONS FOR THE DISCLOSURE OF UNUSED MATERIAL need changing viz:-"2.161 In summary only matters, there is no requirement to provide schedules unless and until a formal not guilty plea is entered by the accused. However, as soon as the police receive notification of a not guilty plea in such cases, all appropriate disclosure schedules should be prepared and submitted to the prosecutor. This also applies to minor traffic offences."

This post has been edited by bama: Thu, 9 Apr 2009 - 19:10

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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.